| Patent insurance can share the patent infringement litigation costs, damages and other high expenditure for an enterprise in a dispute, and also can reduce the enterprise cost of protection. The construction of patent insurance system can dissolve the enterprise innovation risk, and enhance the ability of intellectual property protecting for enterprise. The countermeasures are provided to expound and proof the establishment of China’s patent insurance system comprehensively and in-depth. Firstly, the status quo of patent insurance pilot in China is analyzed from two types of the patent insurance which are promoted in pilot areas:the patent insurance and the liability insurance for the patent infringement, of which the choice of the mode and the shortage of the patent insurance are elaborated specifically. Then the existing problems in China’s patent insurance pilot are pointed out and analyzed specifically from the former described law terms and legal subjects aspects. Thirdly, on the existing problems, several proposals are offered from the aspects of legal system improvement and the practicing and promotion of Patent Insurance system. The’legal system improvement’is discoursed within three aspects:theoretical innovation, legal provisions supplementation for patent insurance system into the Insurance Law and the improvement of patent infringement liability clause into in the Patent Law. The’practice and promotion’ aspects concluded that the insured should consider their ability to cover the payment in advance, and the insurer shall form a positive and effective insurance supply, correspondingly the government should play the reforming and guidance locomotives role actively and effectively. And the insurance intermediary institutions should accelerate the cultivation of patent insurance professional team. Again, in the construction of the patent insurance system: China patent insurance should be government-led policy insurance, carry out voluntarily insured compulsory insurance with a combination of insurance. Underwriting agencies of establishing patent insurance funds by government and voluntary insurance who invested. The insurer timely is published patent application insurance and patent license insurance. |
